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We provide expert legal representation for individuals involved in Motor Vehicle Accidents. Our team assists clients in navigating the complexities of compensation claims arising from such accidents, whether they are drivers, passengers, pedestrians, or cyclists. We understand the physical, emotional, and financial toll these incidents can take and are dedicated to ensuring that our clients receive comprehensive compensation for their injuries, damages, and losses.

Karena Nicholls

Karena Nicholls

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Motor Vehicle Accidents

At Coutts, we understand the devastating impact personal injuries arising from motor vehicle accidents can have, not only in a physical capacity but also in your emotional, mental and financial well-being. We assist people who have suffered a physical or psychological injury from motor vehicles to claim compensation for their injuries.

In What Circumstances Can I Make a Motor Vehicle Accident Claim?

Motor vehicle accident claims are not limited to the drivers and passengers of motor vehicles. Motor vehicle accidents can involve cars, drivers, passengers, pedestrians and cyclists. A “vehicle” can also include motorcycles, trucks, forklifts, trailers and farm equipment.

A motor vehicle accident claim can be made in a range of circumstances, including blameless accidents. For example, you may be entitled to make a compensation claim if you are:

  • A driver or passenger injured in a motor vehicle accident, regardless of the cause
  • Claiming for a single vehicle accident
  • A pedestrian or cyclist injured by a vehicle
  • A passenger injured on public transport including trains, ferries, buses and trams
  • A worker injured in a motor vehicle accident while commuting to or from work, or while travelling for work, even if the accident occurred off-road.

A compensation claim for a motor vehicle accident can even be made if the vehicle at fault was unidentified or unregistered.

What Types of Injuries Can I Claim Compensation For?

At Coutts, we manage compensation claims for all types of personal injury resulting from motor vehicle accidents including:

  • Spinal injury
  • Head injury
  • Fracture
  • Whiplash
  • Soft tissue
  • Eye injury
  • Burns and scarring
  • Psychological injuries including shock, anxiety and depression

What compensation am I entitled to?

Statutory Entitlements

As of 1 December 2017, any person, including at-fault drivers, are able to make a claim for statutory benefits if they have been injured in a motor vehicle accident.  If you have been injured, you may be entitled to:

  • Weekly payments for loss of income
  • Medical expenses
  • Other expenses such as expenses for personal care, transportation or domestic duties.

However, you are excluded from making a claim if:

  • The vehicle of the at fault driver is uninsured
  • A serious driving offence was committed by the injured party
  • If workers’ compensation is payable instead.

If you are entitled to compensation, any compensation is paid by the Compulsory Third Party (CTP) insurance company of the vehicle at fault in the accident.

Common Law Damages

You may be entitled to make a further claim for claim common law damages if:

  • You were not at fault for your motor vehicle accident; and
  • You have suffered more than a “minor injury”. I.e. a “non-minor injury”.

Common law damages are lump sum compensation. Common law damages can include:

  • Damages for economic loss (past and future loss of income).
  • Damages for non-economic loss (compensation for pain and suffering).

How Much Compensation Am I Eligible For?

The amount of compensation that can be claimed for a motor vehicle accident will depend on a range of factors, such as:

  • The nature and extent of your injury
  • The cost of your medical expenses
  • Your loss of earnings
  • How your injury will affect your ability to work in the future
  • Whether you need assistance around the home due to your injury

Do Time Limits Apply to a Claim for Compensation?

Yes, strict time limits apply to motor vehicle accident claims:

  • The motor vehicle accident must be reported to police within 28 days of the accident
  • A personal injury claim form must be lodged with the relevant CTP insurer within three (3) months of the accident. However, it is ideal to lodge the claim within 28 days of the accident to ensure you can claim the maximum benefits.
  • If you are eligible, a claim for common law damages must be commenced within three (3) years from the date of the accident.

If time limits are not complied with, any potential rights to compensation that you have may be lost. Therefore, it is important to seek legal advice as soon as possible if you have been involved in a motor vehicle accident.

What to Expect with Coutts Lawyers

Step 1: Initial Contact

Reach out to Coutts Lawyers via our website, phone, or in person. Briefly describe your matter.

Step 2: Consultation Appointment

Schedule and attend a meeting with a Coutts lawyer / Conveyancer to discuss the specifics of your matter and desired outcomes.

Step 3: Information & Legal Advice

Share all related documents and information. Your lawyer / Conveyancer will review everything, clarify aspects as needed, and then advise on the best action course.

Step 4: Action Plan Development

Based on the advice, an appropriate action plan will be formulated. This may involve communication, documentation processes, or further legal steps.

Step 5: Implementation

Execute the action plan, addressing a range of legal scenarios as necessary.

Step 6: Resolution & Closure

Navigate towards a resolution, with the path determined by the nature of the matter. Your Lawyer / Conveyancer will outline any final actions or considerations.

Book Your Motor Vehicle Accident Consultation Now

Introducing Karena

Your Compassionate Lawyer

Meet Karena, a Partner at Coutts Lawyers & Conveyancers, and the head of our esteemed Injury Compensation and Employment Law teams. With over two decades of experience in the field of Insurance Law, Karena’s passion, dedication, and client-focused approach have established her as a leading authority in compensation and employment law.

Karena Nicholls
Karena Nicholls

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Motor Vehicle Accident FAQ’s

Even if you were partly at fault for the accident, you might still be eligible to claim compensation. However, the compensation you receive might be reduced depending on your level of fault. It’s essential to provide all details to your solicitor to get accurate advice.

Yes, you can still make a claim for injuries sustained in a hit-and-run accident. While the process might be more challenging due to the unidentified driver, you can still claim compensation from the Nominal Defendant. It’s crucial to seek legal advice promptly in such cases to understand your rights and potential compensation.

The CTP insurer is typically determined by the registration details of the at-fault vehicle. If the at-fault vehicle is unidentified or unregistered, you might claim against the Nominal Defendant. Consult with your solicitor, who can guide you through the process of identifying the correct insurer.

The duration of a motor vehicle accident claim can vary based on the complexities of the case, the severity of the injury, and the willingness of the parties involved to negotiate and reach a settlement. While some claims might be settled within months, others, especially more complex ones, can take years to resolve.

Not all motor vehicle accident claims result in a court trial. Many claims are resolved through negotiation between the involved parties, often resulting in a settlement outside of court. However, if an agreement can’t be reached or if there are disputes about the accident’s circumstances or the injury’s impact, the matter might go to court. At Coutts, we always strive for the best possible outcome for our clients, whether that’s through negotiation or representation in court.

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